Common Behaviors in a DUI Arrest
A law enforcement officer will testify to the defendant’s reckless driving in a DUI case and then will emphasize the driver’s clumsy and erratic behavior during the first stages of the DUI investigation. It is typical for the officer to recount that the defendant rifled through their wallet after being asked to show their driver’s license and had trouble finding it. Then, after requesting the defendant get out of their vehicle, they staggered and almost fell down; the defendant was forced to brace themselves against the car with their arm.
The Orange County DUI attorney defending the client will be confronted with incriminating testimony. However, there are many potential avenues for a productive cross-examination.
When it comes to the line of questioning about the bumbling act of taking out the defendant’s driver’s license, there is a clear counter. The great majority of citizens who have been pulled over from the flow of traffic with flashing lights and sirens by a marked police car, approached by an officer in uniform with a gun in their belt, are going to be, at the very least, nervous, and likely emotionally distraught. Hardened criminals are the only type of individuals who are likely not to react to a DUI investigation with a fast pulse and high blood pressure. It should then be comprehensible when a citizen nervously bumbles when trying to remove their license from their wallet. This kind of behavior is not indicative of intoxication but, rather, a perfectly normal reaction to stressful circumstances. In fact, a truly intoxicated individual would likely feel a false sense of security and calm induced by alcohol.
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